Refund for faulty Van

[DaveSpeedy]

Hi can you please help me.
I purchased a Renault van which was delivered 27th November 23 I had to return the vehicle on Thursday 7th December 23 as water was coming in through the roof this was repaired( I asked for a refund but settled for the repair) but on Monday 18th December 23 the water was still coming in and had short-circuited the radio and flattened the battery, I contacted the garage but no answer the following day I visited the garage but it was closed for Christmas,it's just opened up today so I called in and informed them I wanted a refund I received a call from them saying that they would repair it again and that I wasn't entitled to a refund can you please advise me on this matter regards Dave

[echat11]

Hi DAVESPEEDY

Welcome to LB

Try not to worry, help is at hand.

Did you buy the van from a dealer?

(just a note, always best to do all communication in writing)

[DaveSpeedy]

Hello ECHAT11
Yes I did purchase the van from a dealer

[echat11]

Hello ECHAT11
Yes I did purchase the van from a dealer

Should of asked before, how did you pay?

[DaveSpeedy]

Bank transfer I should have used my credit card but didn't think☹️

[echat11]

You are covered by the Consumer Rights Act 2015.

O.K. Amend and send the following letter, but remove the following from the letter, make sure you get Proof of Postage.

'[If you've owned the car for more than 30 days] I am legally entitled to ask that your repair or replace this vehicle at no further cost to me. If you are unable to do so, I expect to be reimbursed the original purchase price of [£xx], minus an agreed amount for fair usage.'

https://www.which.co.uk/consumer-rights/letter/letter-rejecting-a-new-or-used-car-bought-from-a-dealer-aeziX3M7tYNw

You could lodge a complaint with CAB / Trading Standards, they will give you a Ref. Number, on the letter you could add, CAB/Trading Standards: Ref: XXXXXXXXXXXX.

Update when you get a response.

[des8]

As the purchased vehicle was a van was it purchased "for purposes that are wholly or mainly outside that individual’s trade, business, craft or profession."

[DaveSpeedy]

Hello DES8
the van was purchased not for business use only private

[Pezza54]

As OP has owned the vehicle for more than 30 days the sample letter provided by Which may need adapting to cover the fact that the dealer attempted but failed to repair the fault (the leak)
OP should also state the van is available for collection at a time to be agreed and that the refund should be by bank transfer, the method the original payment was made.

[Pezza54]

If OP,s van was repaired on the 7th December, the same day OP returned the van to the garage, then the "waiting period" is only one day, meaning that OP had 31 days to exercise his short term right to reject under CRA.
31 days from 27 November was 28 December. OP says he contacted the garage on 18 December but there was no answer so he was officially unable to reject the car then and wasn't able to do so until 2 January.
If the dealer argues that the original leak was successfully repaired OP may have lost his right to short term rejection.

[Pezza54]

There is a possibility that the waiting period is longer than 1 day if OP contacted the dealer about the leak before 7 December

[DaveSpeedy]

Hello
I did return the vehicle on the 7th December and only picked it back up on the 11th so does this mean I have 35 days to reject this

[Pezza54]

Yes. That's what you call cutting it fine

[DaveSpeedy]

Hi everyone.
I have sent a letter by recorded delivery also followed by an email to the dealership.
When I was talking to the dealership on Tuesday 04/01/24 they said that the manager needs to have a look as he was absent when they repaired it, I said that's fine but I want a refund, they later contacted me to request I bring the van in so the manager can check everything what should I do now

[Pezza54]

How can you take the van in if it has a flat battery? Did you tell the dealer the car was undriveable?
I can understand the dealer wanting to inspect the vehicle before issuing a refund. If it was me and the car was driveable I would take the car in to speed up the refund. However, under CRA, the owner only has to make the vehicle available for collection by the dealer.